74R12679 CLG-D By Luna S.B. No. 133 Substitute the following for S.B. No. 133: By McDonald C.S.S.B. No. 133 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to distribution of and fees charged by health care 1-3 providers or health care facilities for certain medical or mental 1-4 health records. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 161, Health and Safety Code, is amended 1-7 by adding Subchapter M to read as follows: 1-8 SUBCHAPTER M. MEDICAL OR MENTAL HEALTH RECORDS 1-9 Sec. 161.201. DEFINITION. In this subchapter, "health care 1-10 provider" means a person who is licensed, certified, or otherwise 1-11 authorized by the laws of this state to provide or render health 1-12 care in the ordinary course of business or practice of a 1-13 profession. 1-14 Sec. 161.202. FEES. (a) A health care provider or health 1-15 care facility may not charge a fee for a medical or mental health 1-16 record requested by a patient or former patient, or by an attorney 1-17 or other authorized representative of the patient or former 1-18 patient, for use in supporting an application for disability 1-19 benefits or other benefits or assistance the patient or former 1-20 patient may be eligible to receive based on that patient's or 1-21 former patient's disability, or an appeal relating to denial of 1-22 those benefits or assistance under: 1-23 (1) Chapter 31, Human Resources Code; 1-24 (2) the state Medicaid program; 2-1 (3) Title II, the federal Social Security Act, as 2-2 amended (42 U.S.C. Section 401 et seq.); 2-3 (4) Title XVI, the federal Social Security Act, as 2-4 amended (42 U.S.C. Section 1382 et seq.); or 2-5 (5) Title XVIII, the federal Social Security Act, as 2-6 amended (42 U.S.C. Section 1395 et seq.). 2-7 (b) A health care provider or health care facility may 2-8 charge a fee for the medical or mental health record of a patient 2-9 or former patient requested by a state or federal agency in 2-10 relation to the patient or former patient's application for 2-11 benefits or assistance under Subsection (a)(1), (2), (3), or (4) or 2-12 an appeal relating to denial of those benefits or assistance. 2-13 (c) A person, including a state or federal agency, that 2-14 requests a record under this section shall include with the request 2-15 a statement or document from the department or agency that 2-16 administers the issuance of the assistance or benefits that 2-17 confirms the application or appeal. 2-18 Sec. 161.203. DISTRIBUTION OF RECORDS. A health care 2-19 provider or health care facility shall provide to the requestor a 2-20 medical or mental health record requested under Section 161.202 not 2-21 later than the 30th day after the date on which the provider or 2-22 facility receives the request. 2-23 Sec. 161.204. APPLICATION OF OTHER LAW. This subchapter 2-24 controls over Section 611.0045 and Section 5.08(k), Medical 2-25 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and 2-26 any other provision that authorizes the charging of a fee for 2-27 providing medical or mental health records. 3-1 SECTION 2. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended, 3-6 and that this Act take effect and be in force from and after its 3-7 passage, and it is so enacted.